Alcohol and Controlled Substance Policy

1. Purpose

In order to maintain an atmosphere conducive to learning and consistent with the College’s mission, Wytheville Community College provides this policy to the members of the College’s community regarding the use of alcoholic beverages and controlled substances.

 2. Policy

Students and employees of Wytheville Community College shall not possess, sell, use, purchase, manufacture, give away or otherwise distribute illegal substances including drugs or, where prohibited, alcohol while on campus, attending a college-sponsored off-campus event or while serving as a representative of the College at off-campus meetings. Students and employees who violate this policy will be subject to arrest and disciplinary action by the College imposed through established due process procedures.

Students found guilty of possessing, using, distributing, or selling controlled substances will face serious disciplinary action, which may include suspension and dismissal from the College for a first offense. The College will notify the police when its rules regarding illegal substance have been violated.

In addition, WCC and/or any agency providing school sanctioned, off-campus learning experiences for students may require drug and/or alcohol testing prior to student placement or during a learning experience if documented behavior suggesting drug and/or alcohol abuse is exhibited.

 College employees are subject to disciplinary action as outlined in the DHRM Policy and Procedures Manual, Policy Number 1.05. Disciplinary action may include suspension without pay or termination of employment.

 3. State and Federal Statutes

The Commonwealth of Virginia and the Virginia State Alcohol Beverage Control Board have enacted a variety of laws and regulations which govern alcoholic beverages. These laws are included as Appendix A.

 4. Health Risks

Wytheville Community College recognizes that the misuse and abuse of alcohol is a persistent social and health problem of major proportion in our society and that it interferes with the objectives of our institution.

Specific health risks associated with alcohol use can be found on the CDC’s website at: www.cdc.gov/alcohol/fact-sheets/alcohol-use.htm.

Specific health risks related to use of controlled substances can be found at:

http://www.justice.gov/dea/pubs/abuse/chart.htm, or http://www.justice.gov/dea/pubs/abuse/doa-p.pdf at page 81.

 5. Prevention Program

Recognizing the serious consequences resulting from the inappropriate use of drugs by practically all ages and segments of our society, Wytheville Community College has established student and employee policies that prohibit the possession or consumption of controlled substances on campus. Beyond potential disciplinary action that could result, the College recognizes the need and the responsibility to provide information and counseling services regarding the hazards of substance abuse. The following program of activities and services constitutes Wytheville Community College’s effort to prevent drug abuse on the part of its students, faculty and staff. The Dean of Student Success and Academic Development will provide oversight for the content and timeliness of the programs.

A. At least once a year, WCC  will conduct a seminar, workshop, presentation or other program of information and awareness that will be open to all students, faculty and staff.

B.  The Wytheville Campus Student Services 1Stop and main offices at the Crossroads Institute in Galax and the Henderson in Marion will provide readily available brochures and information sheets that may be used by individuals for their own personal information and awareness.

C. A list of referral services in the Wytheville Community College’s service area that specialize in assisting persons with substance abuse issues is available through 211 Virginia at www.211Virginia.org . Students, faculty, and staff requesting assistance will be referred to the appropriate public agencies. Information will also be available on the website under "At WCC", "Community", and "Community Resources".

 6. Biennial Review

The Vice President of Academics and Institutional Advancement is responsible for completing the biennial review as noted in HEA of 1965 as amended section 120.   The review will:

(1) Determine the effectiveness of the education program and implement needed changes; a. The VP for Student Services will collect program information from the campuses and present the information to the President’s Cabinet for review. At a minimum, the review will look at attendance and the timeliness of the subject matter.

a. This group will recommend any needed changes

b. Changes will be forwarded to the Chief of Police, Dean of Student Success and Academic Development, and Policies and Procedures Committee for review. Policy updates will then be disseminated.

(2) Ensure that the disciplinary sanctions applicable under State or Federal law for the unlawful possession or distribution of illicit drugs and alcohol are consistently enforced.

(3) The annual notification will be sent by email to all students at the start of each fall semester. It will also be posted on the web in the Faculty Handbook, The WCC Catalog and Student Handbook and the Adjunct Faculty Handbook. Employees and student who begin after the fall notification will be guided to the appropriate handbook for information.

 APPENDIX A:

Alcohol

Virginia's Alcohol Beverage Control Act contains a variety of laws governing the possession, use, and consumption of alcoholic beverages. The Act applies to the students and employees of this institution. Virginia statutes, including sanctions for their violation, are summarized below.

1. It is unlawful for any person under age 21 to purchase or possess any alcoholic beverage. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to 12 months and a fine up to $2,500, either or both. Additionally, such person's Virginia driver's license may be suspended for a period of not more than one year.

2. It is unlawful for any person to sell alcoholic beverages to persons under the age of 21 years of age. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to 12 months and a fine up to $2,500, either or both.

3. It shall be unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of this Commonwealth. A violation of this section can result in a fine of $250.

4. It is unlawful for any person to purchase alcoholic beverages for another when, at the time of the purchase, he knows or has reason to know that the person for whom the alcohol is purchased is under the legal drinking age. The criminal sanction for violation of the law is the same as #2 above.

5. It is unlawful for any person to consume alcoholic beverages in unlicensed public places. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.

 Controlled Substances and Illicit Drugs

The unlawful possession, distribution, and use of controlled substances and illicit drugs, as defined by the Virginia Drug Control Act, are prohibited in Virginia. Controlled substances are classified under the Act into "Schedules," ranging from Schedule I through Schedule VI, as defined in sections 54.1-3446 through 54.1-3456 of the Code of Virginia, as amended. Penalties for violation of the schedules are covered in 18.2-250 and may involve fines of not more than one million dollars and imprisonment for life. Virginia statutes, including sanctions for their violation, are summarized below.

  1. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
    Upon the prosecution of a person for a violation of this section, ownership or occupancy of premises or vehicle upon or in which a controlled substance was found shall not create a presumption that such person either knowingly or intentionally possessed such controlled substance.
    1. Any person who violates this section with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be guilty of a Class 5 felony, except that any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof who violates this section with respect to a cannabimimetic agent is guilty of a Class 1 misdemeanor.
    2. Any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof, who violates this section with respect to a controlled substance classified in Schedule III shall be guilty of a Class 1 misdemeanor.
      1. Violation of this section with respect to a controlled substance classified in Schedule IV shall be punishable as a Class 2 misdemeanor.
      2. Violation of this section with respect to a controlled substance classified in Schedule V shall be punishable as a Class 3 misdemeanor.
    3. Violation of this section with respect to a controlled substance classified in Schedule VI shall be punishable as a Class 4 misdemeanor.
  2. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of a controlled substance or substances is necessary in the performance of their duties.

 Local Laws

Wytheville Community College serves the counties of Bland, Carroll, Grayson, Smyth, and Wythe, as well as the city of Galax.

All of the localities where WCC sites are located have adopted state and federal codes relative to drinking in public and/or public intoxication. However, the Town of Wytheville and the Town of Marion have adopted special ordinances relative to the unlawful use or possession of alcohol.

 Galax               

  • Sec. 107-49 - Profane swearing and intoxication in public. Similar provisions, Code of Virginia, § 18.2-388

Marion           

  • Sec. 6-2. - Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions. Similar provisions, Code of Virginia, § 4.1-308
  • Sec. 6-3. - Drinking or possessing alcoholic beverages in or on public school grounds; penalty Similar provisions, Code of Virginia, § 4.1-309
  • Sec. 6-4. - Drinking or possessing alcoholic beverages in or on the town parks.
  • Sec. 46-4. - Profane swearing and intoxication in public; transportation of public inebriates to detoxification center. Similar provisions, Code of Virginia, § 18.2-388.

Wytheville     

  • Sec. 9-22. - Profane swearing and drunkenness in public; transportation of public inebriates to detoxification center. Similar provisions, Code of Virginia, § 18.2-388.
  • Sec. 9-23. - Drinking alcoholic beverages, or tendering to another, in public place. Similar provisions, Code of Virginia, § 4-78.
  •  Sec. 9-24. - Drinking or possession of alcoholic beverages on school grounds. Similar provisions, Code of Virginia, § 4-78.1.

 

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